AlB—Lancaster Fanning, Friday, December 24,1982
CORNING, lowa The National
Fanners Organization board of
directors has directed the NFO
legal staff to file a case to
challenge the statutes imposing a
50-cent per hundred- ’ight tax on
dairy farmers and ♦ . suit will be
filed within the n t few days,
according to Riche Green, chief
counsel for NFO.
The NFO attorneys have in
dicated that a principal ground for
attack on the statute will be the
unconstitutional delegation of
legislative authority to the
Secretary of agriculture.
The attorneys said the new law
simply says that the secretary
“may” impose this tax at his
discretion. It does not give him any
standards or guidelines or criteria.
Thus, he may do it as his whim,
and may do it for reasons not in the
minds of the legislators when they
gave the secretary that authority.
Another ground for filing will be
the failure of the Department of
Agriculture to comply with the
laws regulating the making of
rules.
“What we will be seeking is a
A season to sow, a season to reap
Working the land held in our keep
With these words, the men and women of farming perform their
varied activities throughout the changing seasons each year.
While their methods have been revolutionized from previous hard
and tedious manual tasks to present modern mechanized efficiency,
their role as keepers of the land remains largely unchanged. They
prepare, care for and harvest the foundation of life itself.
Now is their season to plan for yet another season of rebirth of the
land As one year ends and another begins, let’s remember these
keepers of the land and the life-giving meanng they impart to the
seasons
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declatory judgment that the
secretary’s order is unlawful and
prohibiting the collection of the
tax.
In other NFO legal issues, the
U.S. Circuit Court of Appeals in St.
Louis, Mo., has awarded $164,000 to
NFO to cover its costs in appealing
a decision of federal district court
in Kansas City in a suit involving
dairy cooperatives. NFO President
OeVon Woodland said the award
appears to be precedent-setting in
two ways.
Woodland said the award was
made before final judgment in the
case, which was sent back to the
court in Kansas City for deter
mination of damages that NFO is
entitled to recover from three
dairy cooperatives, Associated
Milk Producers, Inc., Mid-
America Dairymen, Inc., and
Central Milk Producers Co-op.
The case has not yet been
returned to the Kansas City court
because those cooperatives have
indicated an intention to ask the
Supreme Court of the United States
to review the court of Appeals
decision.
QUARRYVILLE, PA.
NFO files suit , wins appeal
Counsel Green said it is also the
first time this court has awarded to
a victorious party in an antitrust
case reimbursement of actual
expenses for items other than
those included as costs of appeals
by statute. Green said the award
appears to be the highest single
award this court has ever granted
on an appeal.
Earlier, the Circuit Court here
had dismissed multi-million dollar
lawsuits that AMPI and Mid-
America had brought against NFO
while upholding NFO’s countersuit
against those cooperatives.
The Appeals Court ruled that
NFO did not violate antitrust laws,
but said those three dairy
cooperatives did conspire to
monopolize milk sales during the
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Woodland noted that the decade
long court suit has been a sub
stantial financial burden for the
organization over the years and
NFO had made numerous at
tempts to settle the suit before and
onrin»* + he trial.
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“This award is the first step in
recovering not only costs but also
damages,” Woodland said.
The Court of Appeals directed
that AMPI, Mid-Am and CMPC
each pay to NFO one-third of the
award.
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